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Can we sue Solicitor?

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Comments

  • chewmylegoff
    chewmylegoff Posts: 11,469 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Of course you can sue your solicitor... you can sue me for wearing unpleasant coloured socks if you so wish.. Question is, will you easily find another solicitor - who is any good - to help you sue a solicitor..( what do you think???...) and will you win.. (guess who's got access to lots and lots of help avoiding losing such cases...- probably not you I suspect..)..

    Cheers!

    Artful

    i shouldn't think you'd have any trouble whatsoever finding a good litigation lawyer who was more than willing to take instructions to sue the carp out anyone you wish to sue, solicitor or not. all they will care about is "can this person pay my fees".
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ricools wrote: »
    Nothing as yet. I suspect that she is waiting to hear if the vendor can get his hands on the cash or not.

    I would be on the telephone to the senior partner of the firm.
  • Ricools
    Ricools Posts: 14 Forumite
    edited 3 October 2011 at 11:09AM
    It is our preference to get this mess sorted out without suing anyone. We do not wish to ruin the solicitors career and realise that she is probably feeling just as bad about this as we are. It's such a nightmare situation for everyone involved. We do however, need to get some legal advice to see where we now stand and to see what the best way out of this mess is.
  • GDB2222
    GDB2222 Posts: 26,559 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ricools wrote: »
    It is our preference to get this mess sorted out without sueing anyone. We do not wish to ruin the solicitors career and realise that she is probably feeling just as bad about this as we are. It's such a nightmare situation for everyone involved. We do however, need to get some legal advice to see where we now stand and to see what the best way out of this mess is.

    I strongly agree that you should get independent legal advice straight away. That does not mean suing anyone, as the best solicitors are there to sort out disputes, not exacerbate them. By getting independent advice at an early stage, you protect your position, but above all you get a clear idea about what your options are and what your expectations should be. Don't delay.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Ricools
    Ricools Posts: 14 Forumite
    The solicitor has just called to say that the vendor has no way of finding the cash and that because there is now a conflict of interest, she suggests we now go and see another solicitor for advice. I asked her to confirm once more that the missives were dinfinately concluded and she confirmed that they were and said that the vendor is now in breach of contract. I asked if there was any way that the vendors creditors would accept a lower settlement figure from him and she said no because there are 3 different creditors after the cash and what is left over from the would be sale doesn't even cover 50%.
  • AngryDog
    AngryDog Posts: 445 Forumite
    I wish you good luck with this. Personally the solicitor is just as guilty, if not worse than the vendor. You are paying them to the relevant checks etc, and they havent done this. To let the solictor "get away" with such a blatent **** up is madness. I dont care how bad they're feeling, it doesnt help you remain in the house / get a new one.
    As at End of June 2014
    Credit Cards - HSBC - £9422
    Loans - NRAM £7500 & £12848
  • Ricools
    Ricools Posts: 14 Forumite
    If it's the vendor we have to sue then there really is not point as it is blatantly obvious that he has no money to pay up.
  • What a really awful situation for you to be faced with, it really is a shocker and I don't think I have heard of something handled so badly!

    In my opinion your solicitor needs sacking!
    Thinking critically since 1996....
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Ricools wrote: »
    The solicitor has just called to say ... there is now a conflict of interest, she suggests we now go and see another solicitor for advice.

    This is legal short hand for - we've f'd up.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ricools wrote: »
    If it's the vendor we have to sue then there really is not point as it is blatantly obvious that he has no money to pay up.

    No, solicitor has failed in their duty. As they knew the funds that were required to discharge the mortgage(s) or other charges on the property.
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